Bedro, G. v. Minister for Immigration & Ethnic Affairs [1987] FCA 468

CATCHWORDS

ADMINISTRATIVE LAW -— judicial review - decisions to refuse permanent resident status and order deportation - whether procedural fairness required opportunity for applicant to respond to statements allegedly made by departmental officer

- whether policy applied without regard to merits

Administrative Decisions (Judicial Review) Act 1977 ss. S(1)(a), 5(2)(£) Migration Act 1958 ss. 6A, 18

Kioa v West (1985) 159 CLR 550

GLORIA BEDRO v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS VG 160 OF 1987

26 AUGUST, 1987

KEELY J.

MELBOURNE

oa Sea iaett = J

Pepenar co as "AUSTRAL!

Taat

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

GENERAL DIVISION

No. VG 160 of 1987

TWEEN: GLORIA BEDRO

Applicant D:

THE HONOURABLE MICHAEL JAMES YOUNG MINISTER

OF STATE FOR IMMIGRATION AND ETHNIC

AFFAIRS 26 AUGUST 1987 KEELY J. ORDERS THE COURT ORDERS THAT: 1. The decision of the respondent, dated 15 June 1987,

refusing to grant a further temporary entry permit to

the applicant be set aside.

2. The decision of the respondent, dated 15 June 1987,

refusing to grant permanent resident status to the

applicant be set aside.

(Note:

The decision of the respondent, dated 15 June 1987, to refuse to allow the applicant to depart from Australia

voluntarily be set aside.

The decision of the respondent, dated 15 June 1987, to

order the deportation of the applicant be set aside.

The applicant's application for a further temporary entry permit be referred to the respondent for further consideration in the light of the reasons' for

a judgment.

The applicant's application for permanent resident status be referred to the respondent for further consideration in the light of the reasons' for

judgment.

The respondent Minister pay the costs of the

applicant, Gloria Bedro.

Settlement and entry of orders is dealt with by 0.36

of the Federal Court Rules).